Examination Under Oath (EUO)
If you received a letter from your insurance company for an Examination Under Oath and don’t know what to do, then contact an experienced insurance attorney at Germain Law Group.
The requirement that you submit to the Examination Under Oath might be required under the terms and conditions of your insurance contract. You have the right to hire an attorney who can represent you during the EUO or any other stage of the case. In fact, many people would be better off hiring their own attorney if the insurance company asks them to attend an EUO.
The examination under oath (EUO) can be scheduled in a variety of circumstance, but it might be an indication that the insurance company intends to deny the claim. For this reason, an attorney can help you make sure that you complete any steps necessary so that the claim can be paid without delay.
If the insurance company suspects that insurance fraud is occurring, your attorney can help you understand the reasons for that suspicion and what you should do about it. You have to tell the truth if you testify, but you don’t necessarily have to testify if doing so might incriminate you.
An attorney can help you decide the best course of action. An attorney can also help you understand what might happen if you don’t show up for the EUO.
Attorney in Florida for the Examination Under Oath (EUO)
If your insurance company wants to you come to an examination under oath (EUO), then you should hire an attorney to come with you to this meeting. The attorney can help you schedule the EUO and bring all of the documents needed.
Contact an experienced insurance attorney in Tampa, FL, at (813) 835-8888 to discuss your case and the best way to make sure that your claim is paid after a request for an examination under oath is made. If you are accused of insurance fraud, your attorney can also help you fight those allegations or refer you to an attorney best suited to deal with that type of accusation.
The attorneys at the Germain Law Group are dedicated to protecting the rights of insured policyholders during the examination under oath and throughout the entire process.
The main office of Germain Law Group is conveniently located in South Tampa at 3412 Bay to Bay Boulevard. Our insurance law firm represents a diverse group of clients throughout the greater Tampa Bay, St. Petersburg, Clearwater, Titusville, Palm Bay, Melbourne, Bradenton and Palmetto areas and all of the Central Florida region.
Contact us to find out more about what happens at the examination under oath and in the weeks that follow. Find out what happens if you don’t appear at the examination under oath or ask to reschedule the meeting. Learn more about tips for complying with the EUO requirements in order to make sure your claim is paid. For car accidents or other types of insurance law cases, Attorney Michael Germain at Germain Law Group can help.
Call (813) 835-8888 to discuss the case.
Why did the Insurance Company Request the EUO?
Pursuant to Florida Statute §626.9541, the insurance company has the ability to evaluate the circumstances surrounding this claim if it suspects fraud. The insurance company might reserve its rights to assert a coverage defense and/or deny coverage for this claim based upon applicable law, the terms, conditions, exclusions, and provisions of the policy of insurance.
The EUO might also be requested based on the application issued by the insurance company pursuant to Florida Statutes §627.426.
What Happens if I Don’t Show Up at the EUO?
The insurance company will warn you that “[t]he failure to submit to an Examination Under Oath is a material breach of the policy which will relieve the insurer of its liability to pay.” Stringer v. Fireman’s Fund Insurance Company, 622 So.2d. 145, 146 (Fla. 3rd DCA 1993); Goldman v. State Farm Fire General Insurance Company, 660 So.2d. 300 (Fla. 4th DCA 1995).
The failure to appear for an Examination Under Oath could have severe consequences on his claim, including but not limited to a denial of the insurance claim. The letter asking you to attend the EUO will explain to you the consequences of failing to appear at the EUO which might put the entire insurance claim in jeopardy.
What am I Required to do to Cooperate with the Insurance Company?
Your insurance contract might state that in a case of an accident and/or injury, you must see that the following are done:
- As soon as possible after a loss, provide written notice to the insurance company of how, when and where the accident or loss occurred.
- Your notice should also include a description of the automobile as well as the names and addresses of any injured person and of any witnesses.
- Cooperate with the insurance company in the investigation, settlement or defense of any claim or lawsuit.
- Cooperate and assist the insurance company in enforcing any right of subrogation against any legally responsible person or organization.
- In the event of a claim under the physical damage coverage, protect and exhibit the damaged property.
- Submit proof of loss when required by the insurance company.
- Submit written proof of claim, under oath if required, that includes the full particulars of the nature and extent of the injury and treatment received.
- Submit to a mental or physical examination at the expense of the insurance company.
- Authorize the insurance company to obtain medical reports or other pertinent records.
- Provide copies of any pleadings served upon you.
- Submit to an Examination under Oath (EUO) by any person named by the insurance company when and as often as the insurance company may reasonably require, and subscribe to same.
What Documents Can the Insurance Company Ask Me to Bring?
You might also be required to bring documents to the EUO including:
- Original photos, videotapes, and all graphic depictions showing, in whole or in part, any item for which you are making a claim.
- Your original personal tax returns, whether personal or joint, for the past few years including all schedules and attachments thereto, and proof of income for the current year.
- All police incident and/or accident reports, together with any supplements thereto, for any accident or incident or crime to which or any member of your family made a report or caused a report to be made at any time during the past five (5) years.
- The name and address of all insurance agents, the name of the carrier, policy number, name of insured, type of coverage for any and all insurance policies for which you are a named insured or beneficiary at any time during the past five (5) years regardless of whether or not a claim was ever made under said policy.
- The name, address and telephone numbers of up to five (5) persons who can vouch for your whereabouts during a certain period of time.
- Records of any phone used by you or listed in your name showing telephone calls made during the month of the accident, including all cellular phones.
- A list of all court cases in any court, including workers compensation, family court, civil court, bankruptcy court, criminal court, for any type to which you were a party during the past ten (10) years, including the names of all parties, their attorneys, the name of the court, the case number, the nature of the case and the result of the case. If you filed for bankruptcy, please provide a copy of all bankruptcy schedules.
- Any other documents which you believe substantiate or support your claim.
- Photographs taken on the date of the accident or within one (1) month after the incident which depict your injuries and/or damages.
- A list containing the names and addresses of all persons who are believed or known by you to have any knowledge concerning the alleged incident that occurred on the date of the accident.
- Any document indicating whether you were suffering from any physical infirmity, disability or sickness at the time of the occurrence of the alleged accident.
- A list of each item of expense that you claim to have incurred as a result of the injuries and/or damages sustained, giving or each item the date incurred, to whom owed or paid and the goods or services for each was incurred.
- A list of any form of lost compensation as a result of the injuries allegedly sustained. If so, what was the amount lost, the period during which it was lost, the nature of the compensation and the method that was used in computing the amount?
- A list of names, business addresses and business telephone numbers of all medical doctors by whom, and all hospitals at which you have been examined and/or treated in the past five (5) years.
- A list of the names, addresses, phone numbers and the rate of pay for all employers for whom you have worked in the past five (5) years.
- A list of any and all accidents of any kind in which you have been involved prior to the date of the accident in suit, starting for each when, where and how the accident occurred, the names or identities of other persons involved, whether you were injured and, if so, the nature and extent of your injuries.
Insurer Abuse of EUO – Florida statute 627.736 requires that those applying for insurance benefits must comply with a policy that requires an EUO. The scope of an EUO is limited to relevant information or “information that could reasonably [be] expected to lead [to] relevant information.” Florida Statute Section 627.736 does prescribe a penalty for insurers that requests EUOs without a reasonable basis as a general business practice. In those cases, the insurer’s practices could be considered an unfair method of competition under 626.9541.
Punishments for EUO Refusal – In this law review article, James E. DeFranco in the Southern Illinois University School of Law’s Law Journal discusses the remedies that should be available when an insured does not comply with an EUO. The author claims many courts across the country do not impose strong enough penalties for those who do not comply with EUOs. In this article, the author analyzes remedies from cases across the country and discusses the impact of EUO refusal.
If you received a demand for an examination under oath from your insurance company, consider hiring an experienced insurance law attorney to represent you. The insurance company may very well be looking for ways to avoid paying your claim.
Hiring an attorney that is well versed in battling big insurance companies can make the difference between you getting what you deserve and you getting nothing at all.
Trust your case to the attorneys of Germain Law Group, P.A..
The Germain Law Group handles cases throughout the entire State of Florida including the greater Tampa Bay area of Hernando County, Pasco County Pinellas County, Manatee County, Sarasota County, Hillsborough County, and Polk County, FL. The firm handles cases in south Florida including Miami-Dade County and Brevard County.
You can call an attorney at Germain Law Group to discuss your case over the phone or schedule a confidential consultation in the office. We can help you get the case back on track.
Call (813) 835-8888 today.
This article was last updated on Tuesday, July 16, 2019.